Legal Question in Family Law in Maryland
Can I leave my abusive husband and take our children to another state without a
I've been married six years to an abusive man. Abuse is documented in court system, with many police calls and arrests. He is verbally abusive again,leaves me routinely, saying we are through,he isn't coming back, but when drunk enough or with no where else to go he comes back. He drinks heavily every night. He neglects his children and harasses my two older children from a prior marriage. He is threatening to kick me out of the house and stop paying the bills (which has happened numerous times). My parents live in Florida. I want to leave my husband. My parents found a house for rent near them, and will co-sign for me, will also help with childcare while I work. My husband and I have two children (5 & 6 years). Do I have a right to seek safety and security for my family? Can I legally move out of state, to a place my children and I can financially afford to live and find a measure of safety and support? I cannot afford to stay in Maryland on my own, do not qualify for state assistance, and would not be able to get a home on my own in this area. I cannot take this anymore. Please advise.
3 Answers from Attorneys
Re: Can I leave my abusive husband and take our children to another state withou
You can leave for Florida any time. Parents with no agreement or court order regarding custody are each allowed to take the children anywhere at any time. But here's the problem: Under the Uniform Child Custody Jurisdiction Act signed into law by Maryland and Florida, anything in court dealing with custody has to be in Maryland for six months after you leave. In other words, Florida does not get jurisdiction until you have lived there six months. If the father files something in Maryland in the first 6 months after you leave, you will need to return to defend yourself, and will need Maryland counsel.
Re: Can I leave my abusive husband and take our children to another state withou
You can take the children and leave for Florida. You are not a prisoner of the state of Maryland just because you have a husband here. If you leave, he could give you problems by filing for custody, although from what you say that sounds unlikely. You will undoubtedly want a divorce at some time, and if there is property in Maryland you will want, eventually, your equitable share of marital property. But it sounds is if marital property is not your primary concern right now. After you have moved to Florida and established a residence there, you might want to investigate the relative advantages of filing for a divorce in Maryland and in Florida. The laws are different in every state, and you will be able to choose the most advantageous of these two.
Re: Can I leave my abusive husband and take our children to another state withou
If you are genuinely concerned for your saftey or the safety of your children, then you can move wherever you want. The domicile of your parents (the children's grandparents) seems like a logical choice. Seek counselling to help you deal with this traumatic situation for you and your children. Your spouse will have a right to see his children and seek custody. The court will do what is best for the children
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